• What are rights of a son in a Hindu undivided family.

I am a surgeon my wife is a gynaecologist. We have been working at my father's hospital for 5 years.During these 5 years we were also living and sharing the same house. We were being paid a nominal amount of 25 to 29 thousand rupees per month . Mostly that money was also transferred to the hospital account to pay of the expenses. As a result we have almost nil bank balance at the end of 5 years of back breaking hardwork.Now during Corona crises I have had an argument with my mother as we all fell I'll with COVID 19. It has become very difficult to stay in the same house.It is also possible that my father may turn me out of the house as he has said so in previous arguments.my question is
1) what defense do I have from being turned out of my house and my clinical practice which is in the same hospital?
2)as I see no chance of basic issues being resolved which involves constant interference in my work can I ask for a separation and transfer of property legally ?
3)I have not been paid regularly during these 5 years can I expect any relief there?
Thanks.
Asked 1 year ago in Property Law
Religion: Hindu

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17 Answers

Hospital is owned by your father 

 

you have no rights to carry on practice in hospital against father wishes 

 

further you have no rights in self acquired property of father during his lifetime 

 

you can claim salary arrears as per terms of your appointment letter 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

If the property in which you are residing is ancestral one, then you can legally claim your share in whole or part of the property/assets. You can also claim compensation for the time and services you had given in the hospital. 


Your wife can also claim compensation for the services given by her. 

Nikhil Gupta
Advocate, Yamunanagar
37 Answers
1 Consultation

4.0 on 5.0

If it's an ancestral property then only you have rights otherwise in case of self acquired you don't have any rights

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

As a son, you cannot claim anything from him but income which you and wife have earned and spent on hospital expenses or 5 years income.

No right in father self acquired property and business.

You can claim payment towards 5 years practise.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

You can ask to your father get as partition of HUF house property, because your father must be filing such a huge income on hospital as per HUF so first check that what type of filing is done by your father. So it can be get partition accordingly.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

Please file partition suit for proper division of property in equal share as per class in family tree.


You may claim your dues as well from your father in the same petition. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear Client,

1. If your father has inherited the property from his forefathers than you may file a case for partition of the property and seek your share in the property.

2. You may file a case for recovery of the Salary from the hospital of your father. You have to prove that you have been working since 5 year and you have not been paid or if paid you spent the amount on the expenses of the hospital.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

- If the said property is a self acquired property of your father , then none having right over the same during his life time. 

1. You can claim that for the construction of the said hospital , you have contributed financially & professionally , hence having right over the same. 

2. On the above mentioned ground , you can claim your share in the property only. 

3. You can claim Salary for the period , you both work

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

First of all, take note of the fact that 

1. The legal heir can claim their respective share only after the demise of the owner but during the lifetime no one can claim the property, however, an injunction suit can be filed by the legal heir having vested interest in the property restraining the person to transfer, alienate, mortgage, sale, etc

2. The Delhi High Court had ruled in 2016 that an adult son had no legal claim on his parents' self-acquired property. The Court held that “Where the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow” said the order.

now, to the query:

1. your wife can file a case of domestic violence against you, and your parents and she can claim an injunction from being turned out of the house,

Domestic violence has a wide meaning and it covers the economic abuse also,

2. Since, you alongwith your wife is working in the hospital, therefore, you both can claim appropriate amount as remuneration,

3. since, the matter pertains to the commercial space, therefore, you can take a ground that you are earning your bread from this place and eviction may lead to loss of earning.

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2365 Answers
6 Consultations

4.7 on 5.0

1. IF Hospital is solely owned by Father and IF you & wife were drawing money as Salary (voucher receipt), THEN you & wife do not have any legal jurisdiction to demand any Money or compensation or damages from Father or his Hospital.

2. Further IF Father /Mother are Title-Owners of House, THEN too you & wife do not have any legal jurisdiction to demand any Money or right to stay in Father's house, till proper consent is given by Father to stay in his house. Till parents are alive, children do not have rights over property of parents.

3. However, depending on circumstances & available documentary evidences, you may stake claim against the Hospital for your dues & compensation towards occupational hazard.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If the house is owned by your father there is nothing much you can do unless it is a HUF property 

However the hospital business appears to be joint as you would transfer your salary to the hospital account to pay off its expenses. So you can certainly seek a partition for the business. Resultantly your father cannot evict you or stop you from doing your practice in the hospital. 

As regards the pay for the 5 years of work you did, you were indeed being paid. Even your wife was paid. Whatever may be the quantum. That amount you would transfer to the hospital account. So the hospital is being run with the joint efforts of the family members. If you want a severance you can go for partition. 

But if you reduce your claim to remuneration then I dont think you can get much. Firstly you have been voluntarily accepting whatever was being paid you. Is it your case that you made a demand for a higher amount ever? Also the bar of limitation will come into play. That is the court may find that you are guilty of delay and laches and did not take proper steps when you ought to have taken. 

So I suggest that if the disputes have become irreconcilable then you can seek a partition of the hospital business and property by filing a partition suit. 

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

1) If it is your father's own property / hospital you do not have any say.  You have to be  at his mercy.

2) If it is the self acquired property of your father you have no chance, but if it is the property of  your grand parents, you have a chance.

3) If you have any formal appointment etc., then based on the same , you can claim.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

1. If the property is on your father's name then you cannot claim any rights over the proeprty neither you can insist to live in that house against the willingness of the house owner i.e., your father, this is legal position.

2.  If you do not have any rights in the property then you cannot ask for any share in the property as a right, hence you give more details that on whose name is the proeprty and who is having the title to the property to give you more clear opinion.

3. Who has not paid regularly all these five years, what prevented you from demanding the same, why did you continue to work when you have not been paid salary for the work you have done, you could have left the place and sought an employment outside this circumstance, nothing would have prevented you from taking that decision, because you are an adult and capable of deciding your own future,.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

1. You can just get a Certificate of experience for practice,  if that house is bought by your father from his own income than he can turn you out, otherwise you can claim your share.

2. If that is ancestral property than you can. 

3. Yes, employee protection act 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Your salary should be paid by him and other benefits. Ypu don't have any share in the property if it is self acquired by your father.


Yes you should be paid your back wages. You have a share in the property if you invested in it.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

you can claim share in the ancestral property of the father during father’s life if that property is coparcenary property or father’s joint Hindu family property.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

1. If house and hospital is owned by your father then he can make you leave both places and legally you can just claim compensation that too as employee of hospital and not as son.

2. If it is HUF then you can claim your share as coparcenar of HUF otherwise you cannot claim any share. 

3. Yes you can take legal action against hospital as employer for not providing you regular salary.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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